Portage Health Web site Terms and Conditions of Use

These Terms and Conditions of Use constitute the entire agreement (the "Agreement") between you and Portage Health and its subsidiaries, and affiliates (collectively, “PH”), relating to the information on, and your use of, the Web site(s) at which these Terms and Conditions of Use are posted (“Web site”). By using our Web site, you are acknowledging your consent to these Terms and Conditions of Use. Do not use our Web site if you do not agree to the following Terms and Conditions of Use. PH reserves the right to modify these Terms and Conditions of Use from time to time. These Terms and Conditions of Use should be read in conjunction with our online PH HIPAA Privacy Statement.

From time to time, our internal processes may change, or we may offer new or altered features at our Web site. If appropriate, we will revise these Terms and Conditions of Use and/or our Privacy Statement. We reserve the right, to the fullest extent permitted by law, to amend either these Terms and Conditions of Use and/or our Privacy Statement at any time without notice to you other than the posting of an amended Terms and Conditions of Use or Privacy Statement on our Web site. We encourage you to return to this area to read the most recent version of our Terms and Conditions of Use and Privacy Statement.

DISCLOSURES

1. No Medical Advice.

This Web site and its services are for consumer educational use only. Nothing contained in this Web site is or should be considered, or used as a substitute for, medical advice, diagnosis or treatment. The services and information provided on this Web site are to educate consumers on health care and medical issues that may or may not affect them. This Web site and its services do not constitute the practice of medicine or constitute any medical, nursing or other professional health care advice, diagnosis or treatment. We advise you to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something you have read on this site.

2. Use and Third-Party Web sites.

Our Web site may contain links to other third-party Web sites or other Internet information sources ("Third-Party Sources"). These links are provided as a convenience to users of the Web site and do not constitute an affiliation by PH with such Third-Party Sources or third parties. The links to Third-Party Sources are not an endorsement, sponsorship, or recommendation by PH of, or make us responsible for: (i) the third parties, (ii) the linked Third-Party Sources, or (iii) any content, services, or products available on or through such Third-Party Sources. We do not control such Web sites and we are not responsible for the content and performance of these sites or for your transactions with them.

3. Own Risk.

You understand and acknowledge that use of our Web site is at your own risk. PH is not responsible or liable for any visitor postings or third-party content on our Web site, including biographical information provided by health care professionals. PH is not liable for any content on our Web site. You understand that we expressly disclaim any responsibility for any third-party information or material posted at our Web site. We have no responsibility for such content and are merely providing access to such content as a service to you. You participate in or operate and use uploaded information and other Web site features at your own risk. If you are dissatisfied with any feature, operability, content, third-party content, these Terms and Conditions of Use, other agreements we may impose as a condition of usage, or any other component of our Web site, your sole remedy is to discontinue use of our Web site.

4. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY.

OUR WEB SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PH HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT, OR OTHERWISE INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. IN NO EVENT SHALL PH BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFIT) ARISING FROM OR IN CONNECTION WITH THE USE OR EXISTENCE OF OUR WEB SITE, THE INABILITY TO USE OUR WEB SITE, AND/OR THE INFORMATION THAT OUR WEB SITE CONTAINS, REGARDLESS OF WHETHER PH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THAT MEANS THAT THE INFORMATION CONTAINED ON OR PROVIDED THROUGH OUR WEB SITE IS INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION. ANY ACCESS TO THIS WEB SITE IS VOLUNTARY. PH WILL REGARD ALL ACCESS AS VOLUNTARY AND AT THE SOLE RISK OF THE USER. PH HAS NOT REVIEWED THE THIRD-PARTY WEB SITES THAT MAY BE LINKED TO OUR WEB SITE AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CONTENT OF ANY OFF-SITE PAGES OR ANY THIRD-PARTY WEB SITES LINKED TO OUR WEB SITE. PH DOES NOT WARRANT THAT OUR WEB SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE FROM ERRORS OF ANY SORT OR FREE FROM COMPUTER VIRUSES.

PH ALSO DISCLAIMS RESPONSIBILITY FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE RELATING TO OUR WEB SITE WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF ANY OF OUR THIRD-PARTY VENDORS, ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEB SITES’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL PH’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE DOLLARS ($5.00).

If any of the above exclusions of warranties is unenforceable in your jurisdiction, the other exclusions listed above will still be given effect to the full extent permitted by that jurisdiction's law. We make no representations about the reliability of the features of our Web site, and disclaim all liability in the event of any service failure. You acknowledge that any reliance on such material and/or s will be at your own risk. We make no representations regarding the amount of time any content or information will be preserved.

THE INFORMATION ON OUR WEB SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. PH RESERVES THE RIGHT TO MAKE ADDITIONS, DELETIONS, OR MODIFICATIONS TO THE INFORMATION ON OUR WEB SITES AT ANY TIME WITHOUT PRIOR NOTICE. PH ALSO RESERVES THE RIGHT TO WITHDRAW OUR WEB SITE OR ANY INFORMATION CONTAINED ON OUR WEB SITE FROM THE INTERNET AT ANY TIME WITHOUT PRIOR NOTICE. ANYONE USING OUR WEB SITE OR THE INFORMATION IT CONTAINS ASSUMES FULL RESPONSIBILITY OF ANY AND ALL RISKS ARISING FROM OR RELATED TO THE USE OF SUCH WEB SITE OR THE INFORMATION IT CONTAINS.

5. Release of Liability and Indemnification.

You agree that neither PH, nor its officers, directors, employees, agents, information providers, partners, advertisers or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of our Web site. You hereby release and forever waive any and all claims you may have against PH, its officers, directors, employees, agents, information providers or suppliers (including but not limited to claims based upon the negligence of PH, its officers, directors, employees, agents, information providers, partners, advertisers or suppliers) for losses or damages you sustain in connection with your use of our Web site. You agree to indemnify PH and any of its parent, subsidiaries, affiliates, officers, directors, and/or employees, together with any successor, assign, or licensee of PH, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to your use of the Web site or the Content (as defined below), or any breach or violation of these Terms and Conditions of Use or any other agreements related to the Web site.

USER AGREEMENT

You agree: (i) to be bound by the terms and conditions of this Agreement, which includes the PH Privacy Statement on our Web site; (ii) not to upload or transmit any communications or content of any type that infringes or violates any rights of any party; (iii) not to use this Web site for any purpose in violation of local, state, national or international laws; and (iv) not to use this Web site as a means to distribute advertising or other unsolicited material to any third party. You agree that access to our Web site is subject to any and all applicable federal, state and local laws and regulations.

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use our Web site in accordance with this Agreement. You agree to be financially responsible for your use of our Web site (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

COLLECTION AND USE OF INFORMATION

1. Collection of Information.

PH collects personal information that you choose to share with us using various tools and sections of our Web site. This information may include your e-mail address, your health interests and your answers to questions about your health status. If you make a voluntary submission (such as health interests, questions, comments, or suggestions) to PH, whether oral, written, or electronic, no confidential relationship shall be established between you and PH. Your submission, and any information submitted with it, shall be considered non-confidential and shall be considered the sole and exclusive property of PH. By providing any such information or materials to PH, you grant to PH an unrestricted, irrevocable, worldwide, royalty free license to use, reproduce, and display such information and materials, and you agree that PH is free to use any remarks, suggestions, ideas, concepts, know-how or other intellectual property. You acknowledge and agree that you are responsible for whatever material you submit on this Web site and you agree not to post or otherwise disseminate on this Web site any unlawful, defamatory, libelous, threatening, obscene, harassing, vulgar or otherwise unlawful information of any kind, or materials that incorporate the proprietary rights of any person. You understand and agree that PH, its subsidiaries, affiliates, officers, directors, and employees shall have no liability for any information or material contained on a bulletin board or other posting site.

2. Intellectual Property.

Our Web site and its content, including art work, graphics, images, screen shots, text, music, digitally downloadable files, copyrights, trademarks, trade dress rights, logos, product and character names, slogans and the compilation of the foregoing (collectively, the “Content”) is the property of either PH or its licensors, and is protected in the U.S. and internationally under trademark, copyright and other intellectual property laws. Third-party content is used by PH subject to license, or subject to the fair use provisions of U.S. trademark and/or copyright laws. Third-party trademarks are the property of their respective owners. All original Content used on our Web site is owned or licensed by PH for use only on our Web site and in materials provided to health care professionals and consumers. We hereby grant you the right to view and use this Content subject to the terms and conditions of this Agreement. You may download and/or print a copy of Content provided in this web site for your personal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s).

MISCELLANEOUS

You agree that this Agreement is entered into between you and PH and is governed by and shall be construed in all respects under the laws of the State of Michigan, exclusive of its choice of law or conflict of laws provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the Web site, you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the Michigan State District Court sitting in Houghton County, Michigan.

This Agreement constitutes the entire agreement between you and PH relating to the access and use of the Web site and any of its services. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement. Anything contained on the Web site inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement.

Our failure to act with respect to a breach by you or others of these Terms and Conditions of Use does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions of Use set forth the entire understanding and agreement between you and PH with respect to the Web site, its uses and services.